investor-state disputes | ISDS

Investor-state dispute settlement (ISDS) refers to a way of handling conflicts under international investment agreements whereby companies from one party are allowed to sue the government of another party. This means they can file a complaint and seek compensation for damages. Many BITs and investment chapters of FTAs allow for this if the investor’s expectation of a profit has been negatively affected by some action that the host government took, such as changing a policy. The dispute is normally handled not in a public court but through a private abritration panel. The usual venues where these proceedings take place are the International Centre for Settlement of Investment Disputes (World Bank), the International Chamber of Commerce, the United Nations Commission on International Trade Law or the International Court of Justice.

ISDS is a hot topic right now because it is being challenged very strongly by concerned citizens in the context of the EU-US TTIP negotiations, the TransPacific Partnership talks and the CETA deal between Canada and the EU.

Dow Jones | 12-Oct-2007
Facing a flood of unfavorable arbitration rulings, Argentina is shifting from a legal strategy to a diplomatic one in a bid to dismiss billions of dollars in foreign investor claims arising from its 2002 financial crisis.
CNN | 3-Oct-2007
The International Centre for Settlement of Investment Disputes in Washington DC has awarded Sempra Energy approximately $172 million, including interest, to settle a 2002 dispute involving the company’s 43-percent ownership in two Argentine natural gas holding companies, Sodigas Pampeana and Sodigas Sur.
Daily Times | 13-Sep-2007
Pakistan and United States on Wednesday constituted sub-groups of high officials from both the countries to pave the way for early finalisation of issues regarding trade and economic cooperation
Channel News Asia | 11-Sep-2007
With rapid growth in the Asian economies, it is inevitable that legal issues and disputes to matters like investment treaties will arise as more and more parties enter into cross-border contracts and agreements.
Milenio.com | 29-Aug-2007
Se trata de la primera controversia entre Guatemala y una empresa privada que deberá ser procesada y resuelta en el marco del TLC suscrito entre Estados Unidos y el bloque de Centroamérica y República Dominicana
Polaris Institute | 24-Aug-2007
French media and telecoms group Vivendi said on Tuesday it had been awarded $105 million in compensation at the end of a decade-long dispute with Argentinian authorities about a former water concession.
PDI | 19-Aug-2007
The World Bank has dismissed the claim for compensation from the Philippine government over the Naia Terminal 3 project of Germany’s Frankfurt Airport Services Worldwide (Fraport)
The Guardian | 17-Aug-2007
Tanzania was glad to secure the services of a British-led consortium to run the newly privatised water system in its capital Dar es Salaam. But then the price of water started to rise
| 5-Jul-2007
With Seoul and Washington concluding their renegotiation of the Korea-US free trade agreement (FTA), it has been confirmed there were some ‘‘unfair parts’’ added to the economic deal under which investors of both sides are not treated equally in their respective countries.
| 25-Jun-2007
A little known entity closely affiliated with the World Bank that mediates disputes between sovereign nations and foreign investors appears to be skewed toward corporations in Northern countries, according to an IPS review of pending cases and other independent analyses of the tribunals.

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